This post is part of an ongoing series on “Understanding the Case Process“
Wondering what Mediation is, and how it might be an option in your personal injury case or other legal disputes? Let’s break it down, and see how it works in our Texas legal system.
First off, mediation is a form of what we call Alternative Dispute Resolution (ADR), where a neutral person steps in to help two or more parties find a middle ground to their conflict. This third person, known as a mediator, is often a lawyer, but their role is not to offer legal advice but to facilitate communication and negotiations.
The Goal of Mediation Why opt for mediation?
The key purpose is to allow everyone involved to agree on a solution without having to step into a courtroom. It’s the mediator’s job to help all parties talk to each other, understand each other’s views, and explore different ways to resolve their disagreement. This method can be used for various disputes, such as personal injury claims, contract quarrels, or property disagreements.
Unpacking the Mediation Process
How does a mediation session work? It usually kicks off with the mediator setting the stage with an opening statement, followed by each party getting a chance to share their viewpoint. Then the mediator steps in to guide the conversation, highlighting areas of agreement and possible solutions.
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Outcome of Mediation
The Settlement Agreement Once everybody agrees on a solution, the details of this agreement are written down and signed by all parties involved. Remember, though, that mediation is non-binding. This means either side can choose to leave the process at any time if they feel it’s not working for them.
The Rise and Benefits of Mediation in Personal Injury Cases
In recent years, we’ve seen an uptick in the use of mediation for personal injury cases. It’s less formal, often less expensive, and can lead to a settlement that’s beneficial to both sides compared to the potential outcome of a trial. However, mediation may not be the best fit for every case. It’s always up to the parties involved to decide whether they want to accept the mediator’s proposal.
Seek Legal Advice for Mediation
Curious about how mediation could apply to your potential claim, or have a burning legal question? The experienced attorneys at The Law Offices of Colby Lewis are here to help you navigate these waters. As always, your first consultation is free. So reach out to us, and let’s explore the best options for your legal journey together.
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